City of San Leandro, CA Article 2 All Districts

§ 4.04.300 Relocated Buildings.

In addition to the requirements of San Leandro's Municipal Code, Title 5, Chapter 5-1, Article 5 Moving Buildings, Oversized Vehicles or Objects, a permit for relocation of a building shall be required. This permit, to be issued by the Zoning Enforcement Official, shall establish conditions necessary to ensure that the relocated building and its new site will be compatible with its surroundings in terms of architectural character, height and bulk, and quality of exterior appearance.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

§ 4.04.304 Development on Lots Not Meeting Minimum Area or Width.

A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements:

A. Legally created lots or parcels that do not meet minimum standards for area, width, or depth may be used as building sites, subject to compliance with all applicable development standards.

B. No nonconforming lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2017-003 § 4; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

§ 4.04.308 Development on Lots Divided by District Boundaries.

The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2020-002 § 4)

§ 4.04.312 Building Projections into Yards and Courts.

Projections into required yards or required open space shall be permitted as follows. In addition, all development proposals in the SA Districts shall be reviewed by City staff to ensure general consistency with the provisions contained in the Design Guidelines in the East 14th Street South Area Development Strategy.

A. Cornices, Eaves, Mechanical Equipment, and Ornamental Features. Two feet.

B. Uncovered Porches, Terraces, Platforms, Decks, Subterranean Garages, and Patios Not More Than 30 Inches in Height. Three feet in a side yard, and six feet in a front or rear yard for a length of 10 feet parallel to the adjoining property line.

C. Balconies, Stairs, Canopies, Awnings, and Covered Porches. Six feet into a front or rear yard, and two feet into an interior side yard.

D. Fire Escapes. Three and one-half feet.

E. Bay Windows. Two and one-half feet for a width of no more than eight feet.

F. Chimneys. Two feet, except where the required setback from an interior property line is three feet or less in which case no projection is permitted.

G. Wheelchair Ramps. Ramps constructed as part of an accessible route are permitted in required front or side yard (for corner properties) setbacks with administrative approval. Ramps shall not be allowed to encroach into the City right-of-way. In addition, ramps shall not block access to or encroach into any required off-street parking space or driveway leading to such place; unless there is no other feasible location for the ramp. Ramps may be constructed of concrete and wood or galvanized metal/aluminum and shall comply with the Uniform Federal Accessibility Standards (UFAS) Section 4.8 Ramps. Wood railings shall be stained or painted to be compatible with the color/trim of the home. Metal handrails, spindles and hardware shall be powder-coated to be compatible with the color/trim of the home.

(Ord. 2001-015 § 1; Ord. 2006-011 § 1; Ord. 2020-002 § 4)

§ 4.04.316 Supportive and Transitional Housing.

A. Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), supportive and transitional housing must be considered a residential use of property, subject only to restrictions that apply to other residential dwellings of the same type in the applicable zoning districts in the Code. See Section 1.12.108 for definitions of supportive housing, transitional housing, and target population. Applicable parking standards for supportive and transitional housing can be found in Chapter 4.08 Off-Street Parking and Loading Regulations.

B. Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all Zoning Districts where multi-family and mixed-use residential development are permitted provided the development meets the applicable standards of Section 4.04.336, Multi-Family and Mixed-Use Residential Development and satisfies all of the requirements California Government Code Section 65651.

(Ord. 2015-11 § 4; Ord. 2020-002 § 4; Ord. 2022-022 § 3)

§ 4.04.320 Exceptions to Height Limits.

Exceptions for Roof Features and Amenities. Towers, spires, cupolas, chimneys, domes, elevator penthouses, elevator towers, covered stair access, water tanks, flagpoles, monuments, theater scenery lofts, radio and television antennas, transmission towers, fire towers, usable rooftop amenities, and similar structures may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet above the roof level, unless the Planning Commission approves a conditional use permit that authorizes additional height. Roof-mounted equipment, mechanical equipment screening, and parapet walls may extend up to six feet above the maximum permitted height in the district in which the site is located.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)

§ 4.04.324 Outdoor Facilities and Storage/Loading Facilities.

A. Outdoor Storage—Location.

1. IG District—Permit Not Required. Outdoor storage of materials or equipment is allowed in the IG District, subject to the screening requirements prescribed in Subsection C Outdoor Storage and Loading Facilities—Screening Required below. Outdoor storage of materials or equipment shall be strictly related to the operation of the principal use. In no case shall this section permit outdoor storage or display of merchandise, goods, or materials for retail or wholesale sales, unless a temporary use permit is obtained in accordance with Section 5.08.144 Temporary Use Permits. If the outdoor sales exceed 90 consecutive days in duration, an outdoor facilities permit shall be required, per Subsection A.2.

2. Other Commercial and Industrial Districts—Outdoor Facilities Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up shall be subject to approval of an outdoor facilities permit by the Zoning Enforcement Official in the B-TOD, CC, CN, CS, CR, DA-1, DA-2, DA-3, DA-4, DA-6, IG, IL, IP, IT, NA-1, NA-2, SA-1, SA-2, and SA-3 Districts subject to screening requirements prescribed in subsection C below. Sidewalk cafés and outdoor food service accessory to an eating and drinking establishment or a retail use shall be permitted subject to approval of an outdoor facilities permit by the Zoning Enforcement Official in the B-TOD, CC, CN, CR, DA-1, DA-2, DA-3, DA-4, DA-6, IG, IL, IP, IT, NA-1, NA-2, OS, P, SA-1, SA-2, SA-3 Districts and shall be subject to Subsection B. Temporary displays for outdoor retail sales may be allowed with a temporary use permit up to 90 days in accordance with Section 5.08.144 Temporary Use Permits, consistent with the applicable base district land use regulation, as modified by an overlay district.

B. Outdoor Facilities Permits—Conditions of Approval and Grounds for Denial. The Zoning Enforcement Official may impose conditions of approval on any permit for outdoor storage, display, or food service issued under this section, including requirements for yards, screening, or planting areas where it is determined by the Zoning Enforcement Official that such conditions are necessary to prevent adverse impacts on surrounding properties and uses. If the Zoning Enforcement Official determines that such impacts cannot be adequately mitigated, the permit shall be denied.

C. Outdoor Storage—Screening Required.

1. Outdoor storage areas and truck bays/loading dock areas shall be screened by the placement of a solid wall, fence, landscaping, and/or building location in order to substantially obscure visibility from a public street. Except as limited pursuant to Section 2.12.324 Parcels Adjoining Residential Districts—Additional Development Regulations for New Construction, limited visibility of truck staging areas, as necessary only for truck access to and from the site, may be permitted in I Districts if no other alternative layout is practical.

2. The storage of merchandise, materials, and/or equipment at height above the screening wall is not permitted, unless the Zoning Enforcement Official grants administrative approval upon finding that: (a) the limitation in storage would not be practical for the subject business, and (b) such stored items would not be visually obtrusive from a public street or neighboring property.

D. Exemptions. Notwithstanding the permit regulations of Subsections A and B above, and the screening requirements prescribed in Subsection C above, unscreened outdoor storage and display may be permitted, subject to any restrictions and/or limitations within project specific conditions attached to a use permit, site plan approved pursuant to Chapter 5.12 Site Plan Approval, or zoning approval, in conjunction with the following use classifications in districts where they are permitted or conditionally permitted, and provided outdoor storage and display shall be limited to vehicles or equipment:

1. Vehicle/Heavy Equipment Dealers, New

2. Vehicle/Heavy Equipment Dealers, Used

3. Vehicle/Heavy Equipment Rentals

E. Vehicles/Equipment as Advertisement. No vehicle or equipment shall be stored with mast arms in an elevated position.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2008-003 § 8; Ord. 2014-011 § 2; Ord. 2016-012 § 4; Ord. 2020-002 § 4; Ord. 2020-012 § 3; Ord. 2022-001 § 3)

§ 4.04.328 Screening of Mechanical Equipment.

Mechanical equipment and utilities shall be located inside buildings, closets, or underground. Where not feasible, mechanical equipment and utilities shall be located and screened in compliance with the following requirements.

A. Screening Required, Exterior Equipment. Except as provided in Subsection B below, all exterior mechanical equipment, except solar collectors in any district and operating mechanical equipment in an IG District located more than 500 feet from a C, NA, OS, PD, PS, R, or SA district boundary, shall be screened from view from the public sidewalk on both sides of any street adjacent to the site and from any Residential District. Except to the extent restricted by public utility companies, equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers.

B. Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults.

C. Screening Materials. Allowed screening materials include, but are not limited to, materials with evenly distributed openings or perforations averaging a maximum of 50 percent of the surface area.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

§ 4.04.332 Refuse Storage Areas.

Except as exempted through an Administrative Exception per Chapter 5.06, a refuse storage area screened on all sides by a six foot solid wall using exterior materials, colors, and finishes that are also used on the primary building or located within a building, shall be provided prior to occupancy for all multi-family, commercial, industrial, and public/semipublic uses. The Zoning Enforcement Official may waive the screening requirement for dumpsters and equipment for refuse collection and storage which are not visible from a public street or from an R district.

(Ord. 2001-015 § 1; Ord. 2008-003 § 9; Ord. 2016-012 § 4; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

§ 4.04.336 Multi-Family and Mixed-Use Residential Development.

All Multi-Family and Mixed-Use Residential development shall meet the following standards.

A. Building Design Requirements.

1. Building Orientation. Buildings located within 20 feet of a front or street side lot line shall be oriented toward the adjacent front or street side lot line with the building frontage(s) parallel to the fronting pedestrian walkway(s).

2. Entrances.

a. Ground Floor Nonresidential Uses.

i. There shall be a minimum of one entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances.

ii. The primary building entrance shall face a public sidewalk.

iii. Entrances located at corners shall provide an entrance toward both streets or have a corner entrance at a 45-degree angle to the corner.

iv. All buildings located in the interior of a site shall have an entrance from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.

v. Reductions. The Zoning Enforcement Official may approve an Administrative Exception per Chapter 5.06 to reduce or waive the entrance requirements for ground floor nonresidential uses where the following findings may be made:

(A) The proposed use has certain operational characteristics with which providing the required entrances is incompatible; and

(B) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest and an engaging presence at the pedestrian level.

b. Residential Uses. Entrances to residential dwelling units shall be designed as individual or shared entrances at the ground floor of the building.

i. Shared Entrances. All buildings with any exterior entrance that provides access to more than one unit shall provide a minimum of one primary shared entranceway per building in accordance with the following standards.

(A) The primary entranceway shall lead to a common area a minimum of ten feet in each dimension.

(B) Exterior walls of common spaces, such as lobbies and community spaces, within 20 feet of a front or street side lot line or pedestrian walkway shall include windows, doors, or other openings for at least 30 percent of the building wall on which they are adjacent, between two and a half and seven feet above the level of the sidewalk.

(C) The primary entranceway shall be emphasized utilizing at least one of the following methods:

(1) A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth of five feet and a minimum horizontal area of 30 square feet.

(2) A recessed entry bay with a minimum depth of five feet.

(3) Incorporating the entrance into a vertical mass that extends two or more feet above the height of the first floor plate vertical mass.

(4) Incorporating one or more architectural features such as windows, sidelights, decorative materials, lighting, or signage into the entranceway.

EMPHASIZED ENTRIES

(The diagram is illustrative)

(D) Buildings located within 20 feet of a front or street side lot line shall provide a primary entranceway oriented to and facing a front or street side lot line.

(E) Primary building entranceways located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.

ii. Individual Entrances. All units accessed through ground level individual entrances from the exterior shall provide a minimum of one primary individual entranceway per unit in accordance with the following standards.

(A) The primary entranceway shall be emphasized with a projection (such as a porch) or recess with a minimum depth of three feet and a minimum area of nine square feet.

(B) In buildings located within 20 feet of a front or street side lot line, all individually accessed units located along a public right-of-way shall have a primary entranceway oriented to and facing a right-of-way.

(C) All dwelling unit entranceways located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.

3. Encroachments into Required Setbacks, Residential Uses. In addition to the building encroachments allowed pursuant to Section 4.04.312, Building Projections into Yards and Courts, the following projections into required front or corner side yards are allowed for residential uses, subject to all applicable requirements of the Building Code.

ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS, RESIDENTIAL USES
Feature	Allowed Projection into Front or Corner Side Yard	Limitations
Uncovered stairs, guardrails, handrails, ramps, stoops, landings, decks, porches, balconies, and platforms
All elements six feet or less above ground elevation	10 feet
All elements more than six feet above ground elevation	7 feet
Covered porches and patios	7 feet	Must be unenclosed on three sides

4. Building Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.

a. Minimum Depth of Overhanging Eaves. Overhanging eaves, if provided, shall extend a minimum of two feet beyond the supporting wall.

b. Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building's architectural design through the following methods:

i. A minimum of one roof line offset of at least 18 inches in height and 20 feet in length shall be provided for every 150 feet of façade length.

ROOFLINE OFFSETS

(The diagram is illustrative)

ii. Where parapets are provided, the minimum 18-inch offset in height required above may be substituted by an offset of at least 18 inches in depth. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.

c. Façade Articulation. Any building over 150 feet wide shall provide a massing break with a minimum width of 20 feet and minimum depth of ten feet for every 150 feet of façade length.

FAÇADE ARTICULATION

(The diagram is illustrative)

i. Buildings Three or More Stories. In addition to the façade articulation requirement above, upper and lower stories in buildings of three or more stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.

(A) A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials.

(B) A horizontal design feature such as a water table, belt course, or bellyband.

(C) A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of the remainder of the building.

(D) Setting back the top floor or floors of the building at least five feet from the remainder of the façade.

d. Townhomes and Rowhouses. In addition to the roof line and façade articulation requirements above, attached side-by-side dwelling units shall meet the following requirements.

i. The maximum number of units in any one contiguous building is six except as exempted by the Zoning Enforcement Official through an Administrative Exception per Chapter 5.06.

ii. Individual units shall be emphasized through two or more of the following methods. The methods chosen to meet this requirement may count toward other design requirements provided the necessary criteria are met.

(A) Variations of two feet or more between the horizontal planes of the primary entrance façade of adjacent units.

(B) A change in roof orientation between adjacent units (e.g., a gable roof adjacent to a hipped roof).

(C) A roofline offset of at least 18 inches for each unit exposed on the associated elevation.

(D) Change of colors or materials.

TOWNHOMES AND ROWHOUSES, INDIVIDUAL UNIT EMPHASIS

(The diagram is illustrative)

5. Windows and Openings.

a. Nonresidential Uses: Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side lot line or pedestrian walkway shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and a half and seven feet above the level of the sidewalk.

i. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

ii. Reductions. The Zoning Enforcement Official can approve an Administrative Exception per Chapter 5.06 to reduce or waive the building transparency requirement where the following findings can be made:

(A) The proposed use has certain operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

(B) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

NONRESIDENTIAL USES: BUILDING TRANSPARENCY/REQUIRED OPENINGS

(The diagram is illustrative)

b. Residential Uses: Window Trim or Recess. Windows for residential uses shall have trim at least one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall.

6. Façade Design.

a. Façade Detailing.

i. All building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials, or other design elements.

ii. Horizontal building elements shall be aligned within three feet of like buildings elements on the same facade and adjacent buildings.

iii. No wall facing a public right-of-way shall run in a continuous plane of more than 30 feet without a window, door, or other opening.

FAÇADE DETAILING: BLANK WALL LIMITATION

(The diagram is illustrative)

b. Exterior Building Colors and Materials.

i. Each façade shall have three or more colors and three or more materials.

ii. The following materials are prohibited:

(A) Vinyl siding;

(B) T-111 plywood siding;

(C) Exterior Insulation Finishing System (EIFS).

B. Space Requirements.

1. Ground Floor Height, Nonresidential Uses. The minimum ground floor height for nonresidential uses is 16 feet measured floor to floor.

2. Ground Floor Height, Residential Uses. The minimum ground floor height for residential uses is ten feet measured floor to floor.

3. Tenant Space Depth, Nonresidential Uses. Nonresidential ground floor interior tenant spaces shall be a minimum of 60 feet in depth for a minimum of half of the width of the tenant space and a minimum of 40 feet in depth elsewhere, except as exempted by the Zoning Enforcement Official through an Administrative Exception per Chapter 5.06 on small or constrained sites.

4. Required Amenities. Amenities that enhance the livability of the project and are not required elsewhere in this Chapter shall be provided. An Administrative Exception per Chapter 5.06 may be approved to allow alternative amenities that are comparable in value and benefit to residents. Projects shall include at least four of the following amenities.

a. Conference room.

b. Electric vehicle (EV) charging stations or 220 V power outlet for 25 percent of required parking spaces.

c. Fitness center.

d. Lap pool.

e. Tenant activity area, such as joint eating and cooking area, clubhouse, play area, screening room, or other activity area.

f. On-site commercial child care facility.

g. Pet washing facility or relief area.

h. Playground or outdoor active recreation facility.

i. Public art.

j. Enclosed, lockable storage space at least 250 cubic feet in size with minimum dimension of four feet by eight feet for a minimum of 25 percent of the units.

k. Study room and/or library.

l. Publicly accessible open space provided consistent with Subsection 4.04.336.C.2 for projects with 25,000 square feet of floor area or less or publicly accessible open space of 15 square feet per 1,000 square feet of floor area for projects with over 25,000 square feet of floor area.

m. Publicly accessible open space provided in compliance with Subsection 4.04.336.C.2 and as follows:

i. Projects with 25,000 square feet of floor area or less: Five square feet of publicly accessible open space per 1,000 square feet of gross floor area.

ii. Projects over 25,000 square feet of floor area: 15 square feet of publicly accessible open space per 1,000 square feet of gross floor area.

n. Provision of car sharing services for service subscribers. Car share parking spaces shall be accessible to car share subscribers 24 hours a day, seven days a week.

C. Site Design Requirements.

1. Frontage Improvements. Frontage improvements consistent with the Master Plan of City Streets, Bicycle and Pedestrian Master Plan, applicable Specific Plan and/or development strategy, Subdivision Improvement Standards, and any other applicable standard or requirement of the City shall be provided for all subdivisions, new construction, and additions of 10,000 square feet or more of gross floor area.

2. Open Space. Private Open Space, Common Open Space, and Publicly Accessible Open Space shall be provided in compliance with the standards of this section. No portion of required open space shall be used for driveways or off-street vehicle parking and loading facilities, nor may one area of open space be double counted as satisfying the requirements of multiple types of required open space. However, the area provided to meet the open space requirement may count toward other site requirements such as landscaping, amenities, and stormwater retention and control if the area provided as open space also meets the criteria of those individual requirements.

REQUIRED PRIVATE AND COMMON OPEN SPACE
Applicability	Minimum Open Space	Note
DA and SA Districts	60 square feet per dwelling unit	May be provided as any combination of Private and Common Open Space. See Subsections 4.04.336.C.2.q and 4.04.336.C.2.b
CC, CN, NA, P, and RM Districts	200 square feet per dwelling unit

REQUIRED PUBLICLY ACCESSIBLE OPEN SPACE
Applicability	Minimum Open Space	Note
DA and SA Districts, development with over 25,000 square feet of floor area	5 square feet per 1,000 square feet of floor area	Shall comply with Subsection 4.04.336.C.2.c

a. Private Open Space. Private Open Space provides open space areas for the exclusive use of the occupants of a single dwelling unit and includes but is not limited to balconies, decks, terraces, patios, fenced yards, and other similar private areas.

i. Minimum Dimensions. Private Open Space shall be a minimum of 60 square feet and have no dimension less than six feet.

ii. Accessibility. Private Open Space shall be accessible to only one dwelling unit by a doorway to a habitable room or hallway.

b. Common Open Space. Common Open Space provides shared access for all building occupants and includes, but is not limited to, courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fields, playgrounds, recreation areas, gardens, rooftop amenities, and other similar common areas intended for shared use by building occupants.

i. Minimum Dimensions. Common Open Space shall have minimum length and width dimensions of 20 feet except as provided below.

(A) Courtyards. Common Open Space areas with building walls on two opposite sides shall have a minimum width between the walls equal to the height of the shortest building wall facing the courtyard.

ii. Accessibility. Common Open Space shall be accessible to all building occupants.

iii. Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing.

(A) Minimum Landscaping. A minimum of ten percent of the total common open space area shall be planted.

(B) Minimum Soil Depth. Landscaping on podiums and rooftops shall provide minimum soil depths as follows.

(1) Ground cover: 12 inches.

(2) Shrubs: 20 inches.

(3) Trees: 36 inches.

(C) Maximum Slope. Slopes shall not exceed ten percent.

c. Publicly Accessible Open Space. Publicly Accessible Open Space includes paseos, plazas, outdoor dining areas, dog parks, recreation areas, and other similar areas available for use by the public. Publicly Accessible Open Space shall be provided on-site and in accordance with the following standards or met through Alternative Compliance options pursuant to Subsection 4.04.336.C.2.c.ii, Alternative Compliance.

i. Publicly Accessible Open Space Standards.

(A) Ownership and Maintenance. Publicly Accessible Open Space must be either offered as dedication to the City or privately owned and maintained with dedication of a public access easement. Publicly Accessible Open Spaces shall be maintained at no public expense. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided.

(B) Minimum Dimensions. Publicly Accessible Open Space shall have at least one minimum ten-foot dimension.

(C) Design Features. Publicly Accessible Open Spaces shall:

(1) Be unobstructed by fully enclosed structures;

(2) Include any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing;

(3) Not exceed a ten percent slope;

(4) Provide pedestrian-scale lighting;

(5) Provide seating;

(6) Provide one or more plaques visible to the public stating the right of the public to use the space, the type of open space, and the hours of use;

(7) Maintain a smoke-free environment; and

(8) Provide at least one of the following:

(a) Site furnishings, including, but not limited to, tables, chairs, and gathering places.

(b) Active recreation spaces, such as tot lot or playground, sport court, or similar.

(c) Shading.

(d) Public art.

(D) Location. Publicly Accessible Open Space shall:

(1) Be located on the ground floor;

(2) Have a direct, accessible pedestrian connection to a public right-of-way or easement.

ii. Alternative Compliance.

(A) Park Land Dedication. Park land dedicated and improved consistent with Municipal Code Chapter 7-1 shall count towards the required Publicly Accessible Open Space.

(B) Residential Projects with Fewer than 50 Units. Multi-family residential and residential mixed-use developments with fewer than 50 residential units may opt to pay the Park Facilities Development Impact Fee established by Municipal Code Chapter 7-13 in lieu of providing dedicated and improved park land and/or Publicly Accessible Open Space.

(C) Programmed Use. Publicly Accessible Open Space designed for concentrated and programmed public use – such as playgrounds, recreational areas, or other programmed public spaces – may be credited at a two-to-one (2:1) ratio with approval of an Administrative Exception per Chapter 5.06.

2 . Lighting.

a. Lighting Design.

i. Maximum Height of Freestanding Lighting Standards. The maximum height of a freestanding lighting standard is as follows:

(A) Within 100 feet of a Residential District: 16 feet.

(B) Other Locations: 25 feet.

ii. Attached Fixtures. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

b. Minimum Lighting Levels.

i. Lighting in parking areas, garage areas, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness.

ii. Aisles, passageways, and recesses related to and within a development shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

3. Landscaping. All areas of the site not used for access, parking, buildings, open space, mechanical equipment, or other function shall be landscaped consistent with Chapter 4.16, Landscape Requirements, and the following requirements. Required landscaping areas shall be planted with a combination of trees, shrubs, and groundcover. Stormwater treatment areas may count toward required landscaping.

a. Trees. A minimum of one 24-inch box size or greater tree shall be planted per 25 linear feet of landscape area. Tree grates shall be used for trees located in hardscape areas.

b. Shrubs. Shrubs shall be a container size of five gallons or greater at planting and planted at spacing distances appropriate for the plant species.

c. Groundcover. Landscaped areas that are not planted with trees or shrubs shall be planted with groundcover plants. Mulch (as a ground cover) shall be confined to areas underneath plants and is not a substitute for ground cover plants.

i. Groundcover plants other than grasses shall be four-inch pot size or greater and planted at spacing distances appropriate for the plant species.

ii. Groundcover plants shall be planted at a density that will cover the entire area within two years.

d. Edible Landscaping. Edible landscaping, including fruit trees and gardens, are considered landscaped areas.

4. Vehicle Parking.

a. Required Parking. Parking shall be provided pursuant to Chapter 4.08 Off-Street Parking and Loading Regulations except that no parking is required for nonresidential uses less than 5,000 square foot in size and part of a mixed-use development.

b. Access to Parking.

i. Location. Curb cuts and driveways providing access to parking facilities shall be from an alley or secondary street, rather than from the principal street, wherever such alley or secondary access is feasible.

ii. Driveway Length. Minimum 20 feet.

iii. Driveway Width. Maximum 24 feet, or minimum required for emergency vehicle access.

c. Required Electric Vehicle (EV) Charging Spaces, DA and SA Districts. In the DA and SA Districts, a minimum of 15 percent of parking spaces shall be electric vehicle (EV) charging stations.

d. Residential Districts.

i. Structured, Partially Submerged, and Underground Parking - Location. Structured parking, including partially submerged or underground parking with three or more feet above ground shall be located a minimum of 40 feet from the primary street facing property line. The Zoning Enforcement Official may approve an Administrative Exception per Chapter 5.06 where the following findings may be made:

(A) The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and

(B) The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

ii. Surface Parking, Carports, and Garages - Maximum Parking Frontage. The total width of above ground parking areas visible from the street, including open parking, carports, and garages shall not exceed 40 percent of any public street frontage.

(A) Reductions. The Zoning Enforcement Official can approve an Administrative Exception per Chapter 5.06 to allow a greater width where the following findings may be made:

(1) The lot is narrow or otherwise constrained such that limiting the visibility of above ground parking to 40 percent of the public street frontage is infeasible; and

(2) Landscaping and other treatments have been incorporated to minimize the visibility of above ground parking from the public street frontage.

iii. Garage Design.

(A) Attached garages located on a street facing building frontage shall be recessed a minimum of 12 inches behind the front elevation wall plane.

(B) Where there are adjacent garage doors, one of the following features shall be provided to distinguish between doors and avoid a massive appearance.

(1) A change in colors or materials.

(2) A permanent vertical trellis with climbing plants or plant materials between garage doors.

(3) Vertical trim between garage doors.

(4) A minimum three foot by three foot landscaped area between the driveways.

e. Commercial and Professional Districts.

i. Limitations on Location of Parking. Above ground parking and structured parking, including partially submerged or underground parking with three or more feet above ground shall be located a minimum of 40 feet from the primary street facing property line. The Zoning Enforcement Official may approve an Administrative Exception per Chapter 5.06 where the following findings may be made:

(A) The design incorporates conditioned, usable space built close to the public sidewalk to the maximum extent feasible; and

(B) The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

5. Off-Street Loading Areas. In addition to the requirements of Section 4.08.164, Location and Design of Off-Street Loading Spaces, loading docks shall be designed according to the following standards.

a. Loading docks shall not exceed 20 feet in width.

b. Loading docks shall be screened from view by fencing, landscaping, or architectural elements from any adjacent street, sidewalk, or other publicly accessible accessway or open space.

c. Loading docks shall be internal to the building envelope and equipped with closable doors.

6. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b. Circulation Network. On-site walkways shall be connected to the public sidewalk and other planned or existing pedestrian routes. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c. Transit. Pedestrian connections shall be provided from transit stops adjacent to the building frontage to building entrances.

d. Pedestrian Walkway Design.

i. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

ii. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, striping, or similar method.

iii. Where a required walkway is parallel and within two feet of an auto travel lane, it must be raised or separated from the auto travel lane by a physical barrier consisting of a raised curb at least four inches high.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

§ 4.04.340 Performance Standards.

The following performance standards shall apply to all use classifications in all zoning districts:

A. Noise. All uses and activities shall comply with the provisions of the San Leandro Noise Regulations (Municipal Code Chapter 4-1-11 Noise).

B. Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.

C. Dust. No use, process, or activity shall produce objectionable dust that is perceptible without instruments by a reasonable person at the property lines of a site.

D. Glare.

1. From Glass. Mirror or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Zoning Enforcement Official that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles.

2. From Outdoor Lighting. Parking lot lighting shall comply with Chapter 4.08 Off-Street Parking and Loading Regulations. Security lighting in any district may be indirect or diffused, or shall be shielded or directed away from an R district within 500 feet. Lighting for outdoor court or field games within 300 feet of an R district shall require approval of a use permit.

E. Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the San Leandro Uniform Fire Code and any other applicable laws.

F. Radioactive Materials. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations and any other applicable laws.

G. Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials, including biologically hazardous material, shall comply with the provisions of the California Hazardous Materials Regulations and the San Leandro Uniform Fire Code.

H. Heat and Humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated that cause material distress, discomfort, or injury to a reasonable person.

I. Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site on which they are situated.

J. Evidence of Compliance. The Zoning Enforcement Official may require such evidence of ability to comply with performance standards as he or she deems necessary prior to issuance of a zoning permit or any other required permit.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

§ 4.04.344 Earth Station and Microwave Equipment.

A. Purpose. To ensure that amateur radio antennas and satellite and microwave dish earth stations and equipment do not have an adverse impact on aesthetic values and public safety in residential, commercial, and industrial areas, installation of these earth stations and equipment is governed by the following controls. The intent of these regulations is only to locate such earth stations and equipment where they are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The intent is not to discriminate against dish earth stations in favor of other communications facilities.

B. Permit Required. A zoning permit shall be required for the installation of amateur radio antennas, a satellite or microwave-receiving earth station, and a use permit shall be required for the installation of microwave transmitting and relay equipment. In considering a permit application, the Zoning Enforcement Official or Planning Commission shall balance the imposition of all applicable codes, regulations, and standards of the City of San Leandro with the applicant's right to receive satellite transmissions without unreasonable limitations on transmission reception or the imposition of costs which are excessive in light of the purchase cost of the equipment.

C. Location Criteria: Amateur Radio. An amateur radio antenna may be installed on a lot in any district if it complies with the following criteria:

1. Setbacks. Five feet from interior side or rear property line.

2. Maximum Height. Ten feet above the district height limit, provided that additional height may be authorized with a use permit.

3. Surface Materials and Finishes. Highly reflective surfaces shall not be permitted.

D. Location Criteria: Satellite. A satellite earth station may be installed on a lot in any zoning district if it complies with the following criteria:

1. Placement on Lot. The preferred placement of a satellite earth station shall be in the rear yard or interior side yard of a given parcel, no closer than five feet to the side or rear property line, or to the front street-side setback line. The placement of a satellite earth station on a roof, shall be allowed only upon proof, presented to the satisfaction of the Zoning Enforcement Official by the property owner at the time of application for a permit, that placement of the earth station at other preferred locations would unreasonably limit reception of satellite transmission.

2. Maximum Height. Ten feet, measured from ground level, or the point of attachment on the roof, immediately under the earth station to the highest point of the earth station or any appurtenance attached to it.

3. Screening.

a. If other than roof-mounted, the satellite earth station must be effectively screened by a solid screen fence, wall, or hedge six feet in height, so as not to be visible from public streets. The fence, wall, or hedge shall be located no closer than five feet to the satellite earth station.

b. If roof-mounted, the satellite earth station must be effectively screened so as not to be visible from public streets. Where possible, all roof-mounted satellite earth stations shall be painted to match the existing roof color. No satellite earth stations shall be more than ten feet in height above the point of attachment, or four feet in height above any peak of a pitched roof or parapet of a flat roof unless it is demonstrated that this height limit unreasonably restricts reception of a signal.

The above requirements for screening shall not apply in an "I" District unless the earth station is readily visible from an R District.

4. Undergrounding. All wires and/or cables necessary for operation of the earth station or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the earth station.

5. Surface Materials and Finishes. Highly reflective surfaces shall not be permitted, nor shall any lettering or emblem be allowed, except the name of the manufacturer in letters not to exceed two inches in height.

E. Locational Criteria. Microwave Receiving. Microwave receiving earth stations may be installed if they comply with the following criteria:

1. CC, CS, I, NA-1, NA-2, SA-1, SA-2, and SA-3 Districts. Installation is prohibited in any required front or street side setback area, and all wires or cables necessary for the operation of the earth station or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building or structure of the earth station. Landscaping or solid screening shall be placed around the base of any tower to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation.

2. CN, DA-1, DA-2, DA-3, DA-4, DA-6 and P Districts. Installation is permitted only if the earth station is attached to the rear half of a roof or is fully screened from view from any adjacent public street or R district.

F. Location Criteria: Microwave Transmitting and Relay Equipment. Microwave transmitting and relay equipment may be installed in any zoning district subject to the requirements of a use permit and the criteria of Subsection E above.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2008-003 § 10; Ord. 2014-011 § 2; Ord. 2016-012 § 4; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

§ 4.04.348 Bed and Breakfast Inns.

The following regulations shall apply to bed and breakfast inns.

A. Location. Bed and breakfast inns are conditionally permitted in the CC, CN, CR, DA-1, DA-2, DA-3, DA-4, DA-6, IT, NA-1, NA-2, P, RM, SA-1, and SA-2 Districts or in any L Overlay District in owner-occupied landmark buildings.

B. Use Permit Required. A use permit issued by the Planning Commission shall be required for bed and breakfast inns. Applications shall be submitted to the Planning Division accompanied by: the required fee; plans and elevations showing any proposed modifications to the existing exterior of the structure, descriptions of landscaping, exterior finishes, signs, and parking to be provided; and any other information required by the Zoning Enforcement Official to determine whether the proposed bed and breakfast inn conforms to all the requirements of this ordinance.

The Planning Commission shall approve a bed and breakfast inn after a duly noticed public hearing upon finding that:

1. The bed and breakfast inn will be operated by a property owner or resident manager living on the premises;

2. The bed and breakfast inn conforms to the design and development standards of Subsection C of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and

3. Public and utility services including emergency access are adequate to serve the bed and breakfast inn.

C. Design and Development Standards.

1. Number of Guest Rooms. No more than six rooms shall be rented for lodging.

2. Parking. A minimum of one independently accessible, off-street parking space shall be provided for each guest room plus one for the resident owner. This requirement may be reduced to one space for each two rooms for a bed and breakfast inn provided that the Planning Commission finds that on-street parking in the vicinity is not subject to time restrictions that would interfere with the hours normally required for guest parking.

3. Signs. No identifying sign shall be displayed other than one sign no larger than six square feet per frontage identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no illumination from an internal light source shall be permitted.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2008-003 § 11; Ord. 2016-012 § 4; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

§ 4.04.352 Airport Safety Zones.

The following regulations shall apply to land uses occurring within airport safety zones established for Metropolitan Oakland International Airport by the Alameda County Airport Land Use Commission (ALUC) and set forth in the Airport Land Use Policy Plan. Maps of airport safety zone boundaries as established by the Airport Land Use Policy Plan are kept on file with the Zoning Enforcement Official. The airport safety zone boundaries shall also be delineated on the Zoning Map with reference to applicable regulations.

A. Purposes. The specific purposes of the Airport Safety Zone regulations are to ensure land use compatibility with airport operations in proximity to San Leandro and to provide for the safe operation of aircraft. The airport safety zone consists of two areas, an inner portion and an outer portion, for which different land use regulations apply. The four air safety considerations addressed by these regulations are:

1. Height Limits. The prevention of obstacles to air navigation caused by tall objects, structures, or buildings.

2. Hazards. The prevention of hazards to air navigation caused by smoke, glare, electrical interference, bright or concentrated beams of light, and concentrations of birds.

3. Ground Safety. The exposure of persons on the ground to accidents, especially where land uses are characterized by concentrations of persons.

4. Noise. The exposure of persons on the ground to noise from aircraft operations, especially jet aircraft.

B. Inner Portion. Within the inner portion of the airport safety zone, extending to 1,400 feet from the end of the runway, the following uses and structures are not permitted:

1. Permanent structures or objects projecting above the level (elevation) of the primary surface of the runway.

2. Any land use that on a regular basis would result in a concentration of persons exceeding 25 persons per net acre.

3. Compatible land uses in this portion of the safety zone include limited horticulture provided that no nursery equipment or materials shall be stored and no structures erected, open space for natural resources (wetlands), open space for the managed production of resources (water areas necessary to commercial fisheries), and open space for public health and safety (uses related to flood control such as retention ponds, drainage easements, or flood plains).

C. Outer Portion. Within the outer portion of the airport safety zone, extending beyond 1,400 feet to 5,300 feet, new uses shall be nonresidential low-density.

1. Uses which will have a density of more than 25 persons per net acre over an eight hour period or a density of more than 50 persons per net acre for more than two hours per day are considered incompatible and shall not be allowed. In addition, retail sales, eating and drinking establishments, schools, hospitals, places of public or religious assembly, and detention facilities are prohibited land uses.

2. Compatible land uses include all those allowed in the inner portion of the airport safety zone. Additional compatible land uses are open space for outdoor recreation, limited ware-housing and storage, vehicle storage, and limited industry provided these land uses comply with density regulations specified in Subsection C.1 above and height restrictions on structures and facilities contained in FAR Part 77, including Subpart D. (FAR Part 77 is included in Appendix C to the Airport Land Use Policy Plan and kept on file with the Zoning Enforcement Official.)

3. Within the overall density limits established in Subsection C.1 above, clustering of uses within a parcel may be compatible where such clustering provides emergency landing areas, avoids concentration of development along the extended runway centerline, and does not pose a hazard to air navigation.

4. Flammable liquids, as defined in the Uniform Fire Code, shall be stored underground.

D. Use Permit Required. Any new development proposed for a parcel located within the airport safety zone must secure a use permit from the Planning Commission. The Commission shall approve a use permit if it makes the findings required by Section 5.08.124 Required Findings and determines that the proposed development is a compatible land use in that portion of the safety zone in which the project will be located and meets the requirements of this section.

E. Noise and Aviation Easement. No land division shall be approved nor shall a permit of any type be issued for any development within the airport safety zone until the City is provided with a noise and aviation easement permitting the right of flight in the airspace above the site. Such easement shall be supplied in a form prescribed by the City Attorney and shall be recorded on the title of the property. The purpose of the easement is to ensure that prospective property owners and developers are informed and aware of the potential impacts of airport over-flights and operations.

F. Recorded Notice of Aircraft Over-Flight Required. No land division shall be approved nor shall a permit of any type be issued for any development activity within the airport safety zone until a notice has been recorded in the office of the County Recorder, stating that the property is subject to aircraft over-flight. Such a notice shall include a map showing the boundaries of the airport safety zone as adopted by the Alameda County Airport Land Use Commission.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

§ 4.04.356 (Reserved)

(Repealed by Ord. 2024-011, 7/15/2024)

§ 4.04.360 Site Remediation Screening Review.

Prior to the removal or on-site remediation of contaminated soil or water, details on screening of the site and noise mitigation measures for any mechanical equipment used in the process shall receive approval of the Community Development Director if the removal or remediation process will exceed 21 days in length. Screening of the site shall be by an obscure material and allowable noise shall not exceed the levels provided in the General Plan. This section shall apply in all zoning districts.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

§ 4.04.364 Fences, Walls, and Hedges.

Fences, walls, hedges, and similar structures shall comply with the standards of this section.

A. Exceptions. The standards of this section do not apply to fencing used to secure vacant buildings and vacant properties in compliance with the following:

1. Fencing shall be vinyl-coated, mini-mesh chain link or similar fencing. Electrified security fencing and razor/barbed wire and similar materials capable of inflicting significant physical injury or discomfort is prohibited.

2. The fencing shall meet the driveway visibility requirements of Section 4.08.148 Driveways—Visibility.

3. The Director has issued a vacant property fencing permit.

B. Residential, Open Space and Public/Semi-Public Districts. Except as provided for in Subsections B.1 through B.3 of this section, the maximum height of a fence, wall, or hedge shall be seven feet except in required front or corner side yards abutting a street where the maximum height shall be three feet. All fences, walls, and hedges shall be subject to the driveway visibility requirements of Section 4.08.148 Driveways—Visibility.

1. RO District. The maximum height of a fence, wall, or hedge in the RO District shall be six feet except in required front or corner side yards abutting a street where the maximum height shall be three feet.

2. Corner lots in the RO, RS, RS-40, RS-VP, and RD Districts. Starting from the back wall of the house, the maximum height of a fence, wall, or hedge on a corner lot in the RO, RS, RS-40, RS-VP or RD District shall follow the gradient formula diagram below, which allows for an increase in height of one foot for each two and one-half feet back from the street side property line, up to a maximum of six feet in the RO District, and seven feet in the RS, RS-40, RS-VP and RD Districts. The area in front of the fence shall be required to be planted with a combination of groundcovers, shrubs, and/or small trees and shall also have irrigation installed. Over-height fences along the side of the house shall continue to require review and approval of a fence modification.

CORNER LOT FENCE IN THE RO, RS, RS-40, RS-VP, AND RD DISTRICTS

(The diagram is illustrative)

3. RS-VP District. In order to protect the existing view corridor, the maximum height of a solid fence, wall or hedge in the RS-VP District shall be no more than three feet above finished grade. The portion of a permitted fence between the heights of three feet to seven feet shall be constructed with glass to allow for continued enjoyment of the view. Transparent materials do not include chain link, mini-mesh, chicken wire, wood or lattice materials. Non-transparent structural materials necessary for the support of the fence are permitted every four feet.

The views currently enjoyed by neighbors shall be respected. The proposed construction shall not unreasonably block or diminish neighbors' views of distant and scenic features, such as the San Francisco Bay and surrounding open spaces and skylines, while balancing the applicant's ability to improve the subject property in accordance with the applicable restrictions. Fences proposed in side and rear yards where no views as defined above are significantly affected are not subject to this section as determined by the Zoning Enforcement Official.

The Zoning Enforcement Official may modify the standards referenced herein subject to the approval of a fence modification permit.

4. Materials. Fencing and walls shall be constructed using stone, brick, wood, composite wood, tubular steel, finished concrete, or stucco. Comparable, durable, high quality materials may be used with approval of an Administrative Exception per Section 2.10.408. Chain link fencing and corrugated metal fencing are prohibited.

C. Commercial and Professional Districts.

1. Maximum Height. The maximum height of a fence, wall, or hedge shall be eight feet except in required front or corner side yards where the maximum height shall be three feet.

2. Minimum Standards for Fences Along Street Frontages. Fences that are adjacent to the required minimum front, corner side and/or rear yard with frontage along a public street frontage shall be constructed of either: (a) tubular steel, or of equally high quality "visually transparent" style; or (b) a solid architectural wall compatible with the building colors and materials.

In addition, all fences, walls, and hedges shall be subject to the driveway visibility requirements of Section 4.08.148 Driveways—Visibility. Walls adjoining residential uses shall be subject to the regulations of Section 4.04.224 Walls Adjoining Residential Use.

3. Materials. Fencing and walls shall be constructed using stone, brick, wood, composite wood, tubular steel, finished concrete, or stucco. Comparable, durable, high quality materials may be used with approval of an Administrative Exception per Section 2.10.408. Chain link fencing and corrugated metal fencing are prohibited.

D. 

Industrial Districts.

1. Maximum Height. The maximum height of a fence, wall, or hedge shall be eight feet.

2. Minimum Standards for Fences Along Street Frontages. Fences that are within the required minimum front, corner side and/or rear yard with frontage along a public street frontage are subject to the following standards.

a. Any portion of the fence over three feet shall be tubular steel, or of equally high quality "visually transparent" style.

b. The area between the property line and/or back of sidewalk and the fence shall be landscaped and maintained free of weeds.

In addition, all fences, walls, and hedges shall be subject to the driveway visibility requirements of Section 4.08.148 Driveways — Visibility.

3. 

Materials. Fencing and walls shall be constructed using wood, tubular steel, finished concrete, stucco or chain link, except as provided below.

a. Comparable Materials. Comparable, durable, high quality materials may be used with approval of an Administrative Exception per Section 2.10.408.

b. Razor/Barbed Wire. Razor/barbed wire materials, such as wire strips or coiled ("concertina") wire and similar fencing materials capable of inflicting significant physical injury or discomfort are only allowed in the IL and IG Districts, subject to the following.

1. Location. Razor/barbed wire shall not be located within 200 feet of a residential district.

2. Angle of installation. Razor/barbed wire shall be installed and maintained at a 45 degree or a 90 degree angle into the property it is securing, measured from the vertical axis representing the fence. The razor/barbed wire shall not extend over adjoining public or private property.

3. Clearance. There shall be a minimum of six feet between the lowest portion of the razor/barbed wire and the ground below.

4. Height. The height of the fence, with the razor/barbed wire, cannot exceed the fence height limits established in the fence regulations.

5. Vacant lots. Razor/barbed wire and similar materials capable of inflicting significant physical injury or discomfort are prohibited on vacant lots.

6. Knox Box. A "Knox Box," and/or other similar approved devices shall be installed for emergency access as may be required by the Police and Fire Departments. As a condition of permit issuance, when access is attained under emergency or urgent circumstances, all permit applicants and, by extension, the subject site's property owner(s), agree to waive any and all claims for damages to the fence and associated equipment against the City of San Leandro, the Police Department, the Fire Department, their employees and/or others acting at their direction.

c. Electrified Security Fencing. Electrified security fencing is prohibited on vacant lots and only allowed in the IL and IG Districts, subject to the following.

1. Electrified security fencing shall be completely surrounded by a non-electrified perimeter fence or wall that is not less than six feet in height.

2. The space between an electrified fence and the surrounding nonelectrified perimeter fence or wall shall be kept clean and free of trash, litter, debris, and vegetation.

3. Electrified security fencing shall meet the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in "International Standard IEC 60335, Part 2-76" as may be amended.

4. Electrified security fences shall not be subject to the maximum height requirements in the Zoning Code.

5. No security fencing shall be attached to the electrified security fence or surrounding nonelectrified perimeter fence or wall. Any existing razor/barbed wire attached to any fence or structure on the subject site shall be removed.

6. The energizer for electrified security fences must be driven by a commercial storage battery not to exceed 12 volts DC. The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in the International Electrotechnical Commission (IEC) standard.

7. Electrified security fences shall be clearly identified with prominently placed warning signs in compliance with applicable building and fire codes.

8. A "Knox Box," disconnect switches and/or other similar approved devices shall be installed for emergency access as may be required by the Police and Fire Departments. When required, disconnect switches and controls shall be installed in an easily accessible location on the property, shall not be obscured in any manner from the street/private driveway access and shall be clearly identified with signs. In the event of an emergency or urgent circumstance requiring that the Police and/or Fire Departments access a property with a permitted electrified fence, and the Knox Box or other similar approved device is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electrified fence, fire and/or police personnel shall be authorized to disable the electrified fence in order to gain access to the property. As a condition of permit issuance, when access is attained under emergency or urgent circumstances, all permit applicants and, by extension, the subject site's property owner(s), agree to waive any and all claims for damages to the electrified fence and associated equipment against the City of San Leandro, the Police Department, the Fire Department, their employees and/or others acting at their direction.

9. To the maximum extent permitted by law, all applicants and, by extension, the subject site's property owner(s) issued permits to install an electrified fence as provided in this section shall indemnify, defend and hold harmless the City, its elected officials, officers, agents, contractors, and employees with respect to: any and all claims, damages and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with or arising out of the exercise of rights granted by the permits and/or approvals associated with the installation of an electrified fence; and any and all claims, liabilities, lawsuits or actions, including any and all claims, liabilities and losses for damage, injury, or death, occurring in connection with or arising out of the granting of or the exercise of the rights granted by the permits and/or approvals associated with the installation of an electrified fence. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and payment of any award of damages, judgments, verdicts, court costs and attorneys' fees in any such lawsuit or action."

E. B-TOD District.

1. Limitation. Fences, walls, and hedges shall not be located between buildings with commercial uses and adjacent streets. However, fences, walls, and hedges may be located between buildings and adjacent streets for schools and daycare facilities or to delineate outdoor dining or display areas.

2. Maximum Height.

a. Between Buildings and Streets. Where allowed, fences, walls, and hedges located between buildings and adjacent streets shall not exceed 42 inches in height, except fences for schools or daycare facilities may be up to eight feet in height.

b. Other Locations. Fences, walls, and hedges located in areas other than between buildings and adjacent streets shall not exceed eight feet in height.

3. Materials. Fencing and walls shall be constructed using wood, steel, finished concrete, or stucco. Comparable, durable, high quality materials may be used with approval of an administrative exception per Section 2.10.408. Chain link fencing and corrugated metal fencing are prohibited.

4. Fence and Wall Transparency. Fencing, walls, gates, and other screening and visual barriers along publicly accessible streets and non-motorized bicycle and pedestrian pathways shall not exceed 75 percent opacity, measured as the total surface area of fence elements divided by the area covered by the fence (i.e. the product of the length of the fence and the width of the fence).

In addition, all fences, walls, and hedges shall be subject to the driveway visibility requirements of Section 4.08.148 Driveways—Visibility. Walls adjoining residential uses shall be subject to the regulations of Section 4.04.224 Walls Adjoining Residential Use.

F. Fence Modifications. Approval to vary from the standards of this section may be granted with the approval of a fence modification application.

1. The Zoning Enforcement Official May Approve Modifications. The Zoning Enforcement Official in a hearing following informal notice as specified in paragraph 4 below may modify the requirements for the maximum height, minimum setback, and material of construction for fences as established in the Zoning Code.

2. Noticing Requirements. Notice of the time, place, and purpose of the hearing shall be posted at least 10 days prior to the date of the hearing, on or adjacent to the property involved, and mailed at least 10 days prior to the hearing to the owners of adjacent property.

3. Standards for Approval.

a. The fence is not detrimental to adjacent property;

b. The fence is compatible with the neighborhood in terms of aesthetics;

c. The fence does not create a sight distance hazard; and

d. The fence is not detrimental to the public health, safety, or welfare.

4. Referrals and Appeals. The Zoning Enforcement Official may refer a fence modification request to the Planning Commission. The Planning Commission shall also review fence modification(s) requests that are made in conjunction with an application for either a conditional use permit or variance. Appeals of the decision of the Zoning Enforcement Official approving or denying a fence modification shall be heard by the Planning Commission, pursuant to the requirements of Chapter 5.20 Appeals.

(Ord. 2001-015 § 1; Ord. 2008-001 § 1; Ord. 2012-001 § 3; Ord. 2020-002 § 4; Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)

§ 4.04.368 Adult-Oriented Business Regulations.

A. Purpose and Intent. It is the intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

B. Location Standards.

1. Subject to the provisions of this chapter, adult-oriented businesses shall be permitted only in the Industrial General (IG), Industrial Limited (IL), Industrial Park (IP), and Industrial Transition (IT) Districts, provided:

a. Each adult-oriented business shall, prior to commencement or continuation of such business, first apply for and receive zoning approval from the Community Development Department.

b. Each such adult-oriented business must, prior to commencement or continuation of such business, first apply for and receive an adult-oriented business license.

c. Each such adult-oriented business must comply with all applicable development and design regulations of the applicable zone.

d. No adult-oriented business shall be located in any zoning district with an overlay zone.

e. No adult-oriented business shall be located on any parcel that contains frontage on Merced Street, Alvarado Street, Williams Street, Doolittle Drive or Fairway Drive.

2. No adult-oriented business shall be established or located within 1,000 feet of the following:

a. Any place of religious assembly;

b. Any residentially zoned land, whether in the City of San Leandro, in an adjoining city, or within the unincorporated area;

c. Any public park, or property zoned, planned, or otherwise designated for such use by City action, and a public or private educational facility including, but not limited to, child day care facilities, libraries, nursery schools, pre-schools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; schools includes the school grounds, but does not included facilities used primarily for another purpose and only incidentally as a school;

d. Any boys club, girls club, or similar youth organization; or

e. Any large family, general, or limited day care facility licensed by the State of California.

f. Any establishment that holds a state license for the sale or consumption of alcohol beverages, except this definition shall not include restaurants that have a bar on site so long as more than 50 percent of the customer seating is dedicated to restaurant patrons. This definition applies solely to the location criteria of this section.

The uses and zones set forth herein shall be collectively known as "impacted uses."

3. No adult-oriented business may be established or located within 1,000 feet of any other adult-oriented business, whether in the City of San Leandro, in an adjoining city, or within the unincorporated area.

4. If any portion of a property fails to meet the distance criteria set forth above, the entire property shall be ineligible for an adult-oriented business use.

C. Design Standards. Per Zoning Code Section 2.12.100 Specific Purposes, the purpose of the industrial district regulations include ensuring that "the appearance and effects of industrial uses are compatible with the character of the area in which they are located." The Zoning Enforcement Official shall review and approve all plans and elevations of buildings housing adult-oriented businesses to determine whether they meet this standard. This review will consider building color, massing, architectural features and other exterior details. A decision on this design compliance for a new business shall be given within 30 days of the granting of an Adult-Oriented Business Regulatory Permit; any changes to the exterior of the building after the initial review shall also be subject to review and approval by the Zoning Enforcement Official.

D. Appeal. Any decision of the Zoning Enforcement Official made pursuant to this chapter may be appealed to the Planning Commission pursuant to Chapter 5.20 Appeals. Any administrative action made pursuant to this chapter may be appealed to a court of competent jurisdiction.

(Ord. 2001-015 § 1; Ord. 2016-012 § 4; Ord. 2020-002 § 4)

§ 4.04.372 Hazardous Waste Facilities.

A. Intent. The purpose of this section is to establish uniform standards, land-use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. These standards, regulations and processes are intended to be consistent with Article 8.7 of the California Health and Safety Code, applicable portions of the Alameda County Hazardous Waste Management Plan and the City of San Leandro General Plan.

B. Applicability.

1. The specific requirements of this ordinance are applicable to the siting and development of off-site hazardous waste treatment, storage, or transfer facilities. Off-site hazardous waste facilities mean those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at least two producers of hazardous wastes which are not located on the same property of the hazardous waste facility. Consistent with the Alameda County Hazardous Waste Management Plan, off-site hazardous waste facilities only include those facility types as defined by the Plan for small-scale transfer and storage including hazardous waste collection facilities, industrial transfer, storage and treatment facilities, and residual repositories.

2. The off-site facility definition does not apply to:

a. Transportable Treatment Units (TTUs), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or

b. Permanent on-site hazardous waste facilities at locations where hazardous waste is produced and which are owned by, leased to, or under the control of the producer of the waste.

3. All such facilities (i.e., off-site, on-site, household hazardous waste collection, and TTUs) shall obtain all necessary state licensing and Certified Unified Program Agencies (CUPA) approvals to install and operate.

4. A conditional use permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made, which shall satisfy the same procedures and contents as those required in an initial application.

C. Procedure. Applications for hazardous waste facilities as defined by this section shall follow the procedure specified by Article 8.7 of the State Health and Safety Code and Chapter 5.08 Use Permits and Variances of the Zoning Ordinance pertaining to use permits.

D. Application Requirements. The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Community Development Department:

1. A complete development case application signed by the property owner or their authorized representative.

2. A non-refundable deposit or fee as set forth by ordinance or resolution of the City Council.

3. Any deposit for technical assistance pursuant to Section 25199.7(g) of the State Health and Safety Code.

4. A letter of justification describing the proposed project and explaining how it will satisfy the findings in Subsection J of this section.

5. Information required for public meetings and hearings, as determined by the Community Development Director.

6. A scaled, fully-dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following:

a. Physical dimensions of property and structures;

b. Location of existing and proposed structures;

c. Setbacks;

d. Methods of circulation and location of truck routes;

e. Ingress and egress;

f. Utilization of property under the requested permit;

g. The distance from the project property lines to the nearest residential structure;

h. Proximity of the project to 100 year floodplain areas;

i. Proximity of the project to any known earthquake fault zones;

j. The relationship of the proposed project to all aboveground water supplies, as well as known underground aquifers that could conceivably suffer contamination;

k. Topographic description of the property and surrounding area;

l. Existing and proposed utilities that service or will be needed to service the facility;

m. Identification of surrounding zoning and land uses;

n. Landscape plans showing theme and location of all landscape areas;

o. Building elevations showing building height, exterior materials, and architectural theme; and

p. Other information as required by the Community Development Director.

7. A preliminary geological study of the property and surrounding area, which includes a soils analysis down to the depth of the deepest known aquifers, regardless of the potability of those aquifers.

8. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.

9. Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

10. A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the approval body reviewing the case.

11. A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the Bay Area Air Quality Management District (BAAQMD), Environmental Protection Agency (EPA), San Francisco Bay Regional Water Quality Control Board, etc.

12. A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste constituents, which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Subsection G.3.

13. Other information as required by the Community Development Director to demonstrate compliance with the facility siting criteria as outlined in Subsection F.

E. Environmental Review.

1. The project shall be subject to environmental analysis according to the City's environmental guidelines pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000-21177; 15000-15387).

2. The environmental analysis shall address, but not be limited to, the following:

a. Describe at least two reasonable alternative sites to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act [Public Resources Code, Section 15060(d)].

b. An analysis of visual, noise, and any olfactory impacts associated with the project and recommended mitigation measures.

c. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area.

d. A health and safety assessment that analyzes in detail all probabilities of accidents or spills at the site, as well as transportation-related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Alameda and, if applicable, Contra Costa or Santa Clara counties.

e. An analysis of traffic impacts associated with the project and recommended mitigation measures.

f. An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area.

g. Other information as required by the California Environmental Quality Act (CEQA).

F. Facility Siting Criteria and Permitting Requirements.

The following siting criteria has been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of off-site hazardous waste facilities.

1. Protect the Residents of Alameda County (and the City of San Leandro).

a. Health and Safety Assessment.

i. All Facilities. Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment. A health and safety assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type, and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and, thereby, suffice for the health and safety assessment.

ii. The health and safety assessment shall evaluate the potential impact of the proposed facility on existing and planned residences and immobile populations, at minimum, the buffer area prescribed by the Alameda County Hazardous Waste Management Plan. Immobile populations include those in schools, hospitals, convalescent homes, jails, and other similar facilities within the area of potential impact. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features, and planned operations practices. The justification for any reduction in buffer areas of the facility from residential areas or immobile populations than that prescribed by the Alameda County Hazardous Waste Management Plan will be identified. The assessment must include a hydrologic evaluation and must assess risks due to physical hazards, such as flooding and earthquakes and potential water or air pollution. The assessment will detail credible potential accidents, including the distance over which effects would carry a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with on-site trained personnel and equipment.

iii. Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.

b. Distance from Populations.

All Facilities. Facilities shall comply with local minimum Zoning Code setbacks, unless a greater buffer distance from other uses is deemed necessary based on a required health and safety assessment.

2. Ensure the Structural Stability of the Facility.

a. Floodplains.

i. All Facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility.

ii. Treatment, Recycling and Collection Facilities. Facilities may be located in areas subject to 100 year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent undulation or washout.

iii. Residuals Repositories. Repositories are prohibited from locating in floodplain areas subject to 100 year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulation (CFR), Title 40, Section 264.18(b) and California Administrative Code (CAC), Title 22, Section 66391(a)(11)(b).

b. Earthquakes.

All Facilities. Facilities must have a minimum 200 foot setback from active or recently active earthquake faults, per the California Administrative Code (CAC), Title 22, Section 6391(a)(f11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility.

c. Unstable Soils.

i. Treatment, Recycling and Collection Facilities. Facilities are prohibited from locating in areas of potential rapid geologic change unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence, or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions.

ii. Residual Repositories. Repositories are prohibited from locating in areas within 25 percent slope or greater or in areas subject to liquefaction or subsidence.

3. Protect Surface and Groundwater Quality.

a. Groundwater.

i. All Facilities. Facilities shall be fully enclosed by containment structures of impermeable materials, which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability.

ii. Facilities are also encouraged to locate outside of areas where groundwater is within 20 feet of the natural land surface. Facilities may locate in these areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment operation is prohibited.

b. Surface Water Quality.

All Facilities. Developers, Operators and Owners shall comply with the requirements of the Statewide General Stormwater Permits; the Municipal Regional Stormwater Permit and Alameda Countywide Clean Water Program requirements.

c. Wastewater.

All Facilities. Facilities operating wastewater should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state, and local sewering agency discharge requirements, and the facility must obtain a valid industrial wastewater discharge permit.

4. Protect Air Quality.

a. Air Quality Non-Attainment and PSD Areas.

All Facilities. Facilities may be sited in non-attainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the Bay Area Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility.

5. Protect Environmentally Sensitive Areas.

a. Wetlands.

All Facilities. Facilities are prohibited from locating in wetlands, such as salt-water, fresh water and brackish marshes, swamps and bogs, as defined in local regional and state plans and policies (generally, areas inundated by surface water or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life, which requires saturated soil conditions for growth and reproduction).

b. Animal and Plant Habitats.

All Facilities. Facilities are prohibited from locating within critical habitats of endangered species, defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as "endangered" or "threatened" by the U.S. Department of Interior or the State of California.

c. Prime Agricultural Lands.

All Facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.

d. Recreational, Cultural, and Aesthetic Resources.

i. Small-Scale Transfer and Storage Facilities. Low-volume transfer and storage facilities may locate in protected, recreational, cultural, or aesthetic resource areas, as defined by local, regional, state, or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas.

ii. Industrial Facilities and Residuals Repositories. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state, or national plans or policies.

e. Mineral Resource Areas.

All Facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.

6. Ensure Safe Transportation of Hazardous Waste.

a. Proximity to Waste Generation Areas.

i. Treatment, Recycling and Collection Facilities. Facilities shall locate in Light Industrial and General Industrial Districts at locations close to sources of hazardous waste generation to minimize the risks of transportation.

ii. Residuals Repositories. Repositories may be located more distant from waste generation sources than other facilities because of the need for large land areas.

b. Proximity and Access to Major Routes.

All Facilities. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall be on industrial streets, accessible to designated truck routes, not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.

7. Protect the Social and Economic Goals of the Community.

a. Consistency with General Plan and Zoning.

All Facilities. Facilities must be consistent with local planning policies, including the City General Plan and zoning ordinance.

b. Fiscal Impact.

All Facilities. A facility's fiscal impact to the City, whether positive or negative, must be demonstrated.

c. Socioeconomic Impacts.

All Facilities. The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility.

d. Proximity to Public Services.

All Facilities. Facilities shall be served by necessary public services, including but not necessarily limited to sewer, water, electricity, gas, and telephone. Potential adverse impacts which could occur because of proximity to public facilities shall be determined as a part of the risk assessment conducted in the permitting process. This should consider the physical and chemical characteristics of the wastes that will be handled and the design features of the facility. Proximity to other public facilities such as corporation yards, utilities, roads, and state school lands in remote areas may be acceptable. The response time from the nearest fire station shall also be considered.

e. Consistency with Alameda County Hazardous Waste Management Plan.

All Facilities. Facilities shall be consistent with the goals and policies of the Alameda County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established by this section. Facilities shall be consistent with the fair-share principal, and with any inter-jurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Alameda County, or to meet the county's broader regional commitments under an inter-jurisdictional agreement.

G. 

Special Development Requirements.

1. General Conditions.

The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility in order to achieve the purposes of this Chapter and the General Plan and to protect the health, safety and general welfare of the community.

2. Safety and Security.

a. The owner or operator shall prevent the unknowing entry and minimize the possibility for the unauthorized entry of persons or livestock onto any portion of the facility.

b. The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel), which continuously monitors and controls entry onto the facility.

c. An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm) shall be constructed to completely surround the facility.

d. All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger - Hazardous Waste Area - Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility and at other locations in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish, and any language predominant in the area surrounding the facility and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.

3. Contingency Plan.

a. The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned release occurs.

b. The contingency plan shall include:

i. The actions employees must take in response to a fire, explosion, or unplanned release of hazardous waste.

ii. Arrangements agreed to by local emergency response officials.

iii. The names, addresses, and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. [If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.] The emergency coordinator shall be available to respond to all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan.

iv. A listing of all emergency equipment at the facility, including its location and an outline of its capabilities.

v. An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes, and alternate routes.

c. Facility emergency coordinator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

i. In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate state or local emergency response agencies.

ii. In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount, and aerial extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards, both direct and indirect, to human health or the environment that may result from the emergency.

iii. If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as per the following Subsections 4 and 5.

iv. If evacuation is necessary, local officials shall be so notified.

v. The emergency coordinator shall in every situation notify the State Office of Emergency Services and the Alameda County Fire Department, providing the following information:

(a) Name and telephone of person reporting;

(b) Name and address of facility;

(c) Time and type of incident;

(d) Name and quantity of material(s) involved;

(e) Extent of injuries; and

(f) Possible hazard to human health and the environment outside facility.

vi. During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:

(a) Stopping operations;

(b) Collecting and containing released waste; and

(c) Removing or isolating containers.

vii. If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-up, gas generation, or ruptures in valves, pipes or other equipment as appropriate.

viii. Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire, or explosion.

ix. Other activities required of the emergency coordinator after an emergency are:

(a) No wastes incompatible with the released material is handled until cleanup is completed; and

(b) Emergency equipment is cleaned and ready for use before operations are resumed.

d. Owner/operator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

i. Notify the State Department of Health Services and appropriate state and local authorities that the above requirements have been met before operations are resumed in the affected area.

ii. Record the time, date and details of any incident, which requires implementing the contingency plan.

iii. Within 15 days, submit a written report on the incident to the State Department of Health Services. The report shall include:

(a) Name, address and telephone number of owner/operator;

(b) Name, address and telephone number of the facility;

(c) Date, time, and type of incident;

(d) Name and quantity of materials involved;

(e) Extent of injuries;

(f) Assessment of actual or potential hazards to human health or the environment, where applicable; and

(g) An estimate of the quantity of material recovered and its disposition.

iv. A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to City of San Leandro Hazardous Materials Division, surrounding hospitals, Alameda County Health Care Agency, and other regulatory agencies as deemed appropriate.

v. The contingency plan shall be reviewed and amended when any of the following occur:

(a) The facility permit is revised.

(b) Applicable regulations are revised.

(c) The plan fails in an emergency.

(d) Operations at the facility change in a way that materially increases the potential of fire, explosion, or unplanned release of hazardous waste.

(e) The list of emergency coordinators changes.

(f) The list of emergency equipment changes.

4. Monitoring.

a. Upon reasonable notice, the City, their designated representatives of other agencies, may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.

b. All structures shall remain accessible for inspection purposes.

5. Closure Plan.

The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at the end of its intended operating life. The closure plan shall include at least:

a. A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation that will be open during the life of the facility.

b. An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.

c. A description of the steps needed to decontaminate facility equipment during closure.

d. An estimate of the expected year of closure and a schedule for final closure. The schedule shall include, at a minimum, the initial time required to close the facility and the time required for intervening closure activities, which will allow tracking of the progress of closure.

The owner or operator may amend his or her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change in operating plans or facility design, a modification of the closure plan shall be requested at the same time.

e. The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project, the nature and type of reclamation, provisions for maintenance of the project, and, finally, the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site.

f. The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term, post-closure monitoring maintenance, per Subsection H.3 below.

H. Financial Responsibility.

The owner/operator shall show proof of liability insurance as follows:

1. The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance.

All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

2. Additionally, coverage will be provided for workers compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.

3. An irrevocable trust will be established to provide funds for closure of the site and its longterm post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly, based on quantity and types of percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the City. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. Applicants shall provide a bond in an amount to be determined by the City for purposes of closure of the site.

4. The owner/operator shall defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees, from all claims, actions, or liabilities arising out of the issuance of this permit, operations at the facility, and transportation of wastes to and from the facility.

I. Local Assessment Committee (LAC).

1. Pursuant to Section 25199.7 of the State Health and Safety Code(d) , the City Council shall appoint a seven member Local Assessment Committee (LAC). The membership, responsibilities, and duties shall be consistent with the provisions of Section 25199.7 of the State Health and Safety Code. The LAC shall cease to exist after the final administrative action has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed.

2. The City Council shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health and Safety Code.)

3. If the LAC and the applicant cannot resolve any differences through the meetings specified by state law, Office of Permit Assistance (OPA) may assist in this resolution pursuant to Section 25199.4 of the California Health and Safety Code. (Requirement of Section 25199.7(h) of the California Health and Safety Code.)

J. Hearings and Notice. Hearings and public notices shall be consistent with the applicable requirements of Article 8.7 of the State Health and Safety Code and Chapter 5.08 Use Permits and Variances, of the City of San Leandro Zoning Ordinance.

K. Findings. In order for the Planning Commission to approve a hazardous waste facility application, the Commission must act on this application prior to approving a conditional use permit for a hazardous waste facility. The Planning Commission shall find that:

1. The project is consistent with the City's General Plan and zoning ordinance.

2. The project is not detrimental to the public health, safety or general welfare of the community.

3. The project site is or will be adequately served by roads and other public or private service facilities.

4. The project is consistent with the regional fair-share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan.

5. The project complies with the facility siting criteria per Subsection F of this section.

L. Appeal. An applicant or an interested person may file an appeal of a land-use decision made by the City to the Governor's Appeal Board within 30 days after the date the City takes final action on the land-use decision pursuant to California Health and Safety Code Section 25199.9. Procedures for filing an appeal are outlined in Section 25199.14 of the California Health and Safety Code.

M. Time Limits.

1. A conditional use permit granted for an off-site hazardous waste facility shall be exercised within two years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of seven years; otherwise, the permit shall be null and void. The term "exercised" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

2. Permit review and renewal shall be determined at the time of approval and shall not exceed five years.

N. Household Hazardous Waste Collection Facilities. Household hazardous waste collection facilities which meets the requirements of Article 10.8 of the State Health and Safety Code shall meet the requirements of this section provided that the Community Development Director may exempt informational or analysis requirements of Subsections D, F, and G where the data are determined to be nonessential for the approval of the permit.

O. Conflicts with Industrial Zone Standards. Where conflicts in standards and requirements may exist between this section and Chapter 2.12 I Industrial Districts, the provisions of this section shall take precedence.

P. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this ordinance shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this ordinance which are hereby declared as several and shall be interpreted to carry out the intent hereunder.

(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)

§ 4.04.376 Wireless Telecommunications Facilities.

A. Title, Purpose and Applicability. The provisions of this section shall be known as the Wireless Telecommunications Facilities regulations. The purpose and intent of these regulations are to provide a uniform and comprehensive set of standards for the development, location, siting, design and installation of wireless telecommunications facilities. These regulations are intended to balance the needs of the wireless communications providers, the regulatory functions of the City of San Leandro, the mandates of State and Federal law and the potential impacts on the community and neighboring property owners in the design and siting of wireless facilities. The regulations are designed to promote and protect the public health, safety, and welfare and visual quality of the City of San Leandro while encouraging the appropriate development of telecommunications activities and site sharing throughout the City. These regulations shall apply to telecommunications projects.

B. 

Definitions. As used in this section, the following terms shall have the meanings indicated, as they relate to wireless telecommunications facilities:

"Alternative tower structure"

shall mean stealth facilities like freestanding support structures, man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers so that the purpose of the freestanding facility or structure is not readily apparent to the casual observer.

"Antenna"

shall mean any communications equipment that transmits and receives radiofrequency signals used in the provision of all types of wireless telecommunications services.

"Architecturally-integrated"

shall mean that the wireless telecommunications facility is designed to closely blend into the surrounding environment and to be minimally visible to the casual observer (i.e., stealth). Antennas and related equipment are either not readily visible beyond the property on which it is located, or if visible, appear to be part of the existing building or environment rather than a wireless facility. The wireless facility may be incorporated into a building's architectural features, such as a steeple, parapet wall, clock tower, flagpole, cupola, chimney, vent pipe or light standard or be screened by an equipment screen or other equally suitable method. It may include alternative tower structures, such as freestanding flagpoles, treepoles, windmills, signs and similar support structures that conceal the presence of a wireless facility within that structure. Related equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

"Base station"

shall mean the equipment and non-tower supporting structure or enclosure at a fixed location that enables licensed or authorized wireless telecommunications between user equipment and a communications network, including, but not limited to, an antenna, transceiver, coaxial cable, power supply and other associated equipment.

"Co-location"

shall mean the location of two or more wireless telecommunications facilities on a single existing, previously-approved tower, building, or other support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. Co-locations that do not substantially change the physical dimensions of the existing support structure as defined herein and by Section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012 may be processed through an eligible facilities request to the Community Development Department.

"Eligible facilities request"

shall mean any request for the modification of an existing wireless tower or base station that involves: (a) co-location of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. Such a request to the Community Development Department shall show the baseline height and width of the existing facility in relation to the proposed changes to demonstrate that the proposed changes do not result in a substantial modification to the physical dimensions of the existing support structure (i.e., a maximum increase of 10 percent surface area in antennas and related equipment).

"FAA"

shall mean the Federal Aviation Administration.

"FCC"

shall mean the Federal Communications Commission.

"Governing authority"

shall mean the City Council of the City of San Leandro.

"Ground-mounted facility"

shall mean a wireless telecommunications facility consisting of one or more poles or posts mounted on the ground that are used to support antennas. Any ground-mounted facility that is over 15 feet in height shall be considered a monopole.

"Height"

shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

"Maintenance"

shall mean the following: (a) scheduled preventive inspections and activities per manufacturer's instructions or regulatory requirements; (b) corrective maintenance including modification to existing equipment to repair physical damage or correct internal faults; (c) minor repositioning or changes in internal components to improve performance or energy efficiency or increase power output; and (d) other changes to the existing equipment that does not substantially change its physical appearance.

"Minor modification"

shall mean a change to an existing wireless telecommunications facility, whether emergency or routine, provided there is little or no change in the visual appearance (i.e., a maximum increase of 10 percent surface area in antennas and related equipment) and does not constitute a substantial modification, as defined herein (see Subsection B.16 Substantial modification). Minor modifications are those modifications to conforming wireless telecommunications facilities that meet the performance standards set forth in these regulations.

"Monopole"

shall mean a single, freestanding pole, treepole, flagpole, post, tower or alternative tower structure over 15 feet in height that is used to support equipment associated with a wireless telecommunications facility.

"Pre-existing wireless telecommunications facility"

shall mean any wireless telecommunications facility for which a permit has been properly issued prior to the effective date of this section and shall not be required to meet the requirements of this section, other than the requirements of Subsection C.4 Exclusions: Pre-Existing Wireless Telecommunications Facility. Any such facility shall be referred to in this section as "pre-existing wireless telecommunications facility."

"Substantial modification"

shall mean substantially changing the physical dimensions of a tower or base station on an existing wireless telecommunications facility, such that it meets one or more of the following criteria:

a. 

Height.

Increases the existing vertical height by more than 10 percent for towers other than towers in the public right-of-way or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas.

For other, eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater.

b. 

Width.

Involves adding an appurtenance to the silhouette of a tower for towers other than towers in the public right-of-way that would protrude horizontally from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, as seen from an elevation perspective, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.

For other, eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

c. 

Equipment Cabinets.

Involves the installation of more than the standard number of new equipment cabinets necessary for the technology involved, not to exceed four cabinets; or for towers and base stations in the public right-of-way, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.

d. 

Excavation/Deployment Beyond Site.

Involves any excavation or deployment outside the current site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site; and for other, eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Tower"

shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more wireless telecommunications facilities, including self-supporting lattice towers, guy towers, utility poles, treepoles, monopoles, alternative tower structures, or architecturally-integrated facilities. The term includes, but is not limited to, radio and television transmission towers, microwave towers, and certain co-locations not otherwise governed by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

"Wireless telecommunications facility"

shall mean a commercial facility that is licensed by the FCC to transmit and/or receive electromagnetic or radio-frequency waves, including, but not limited to, towers, existing tower structures, monopoles, utility poles, alternative tower structures, co-locations, architecturally-integrated facilities, antennas, and distributed antenna systems. It includes all related equipment which is ancillary to the transmission and reception of a wireless telecommunications facility, including, but not limited to, coaxial cable, electrical and telco conduit and connectors, electrical meters, equipment cabinets, and equipment compounds and shelters. Amateur radio operators are not included in this definition.

C. Exclusions. The following activities shall be exempt from these regulations:

1. District Height Limitations. The requirements set forth in this section shall govern the location of wireless telecommunications facilities that exceed and that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to wireless telecommunications facilities.

2. Public Property. Wireless telecommunications facilities located on property owned, leased or otherwise controlled by the City or by any other government-operated public safety network shall be exempt from the requirements of this section, provided a license or lease authorizing such facility has been approved by the City.

3. Amateur Radio: Receive-Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is less than 10 feet in height above the district height limit and is owned and operated by a federally-licensed amateur ("ham") radio station operator or is used exclusively for receive-only antennas.

4. Pre-Existing Wireless Telecommunications Facility. Any wireless telecommunications facility for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection F. Any such facilities shall be referred to in this section as "pre-existing wireless telecommunications facilities." Any nonconforming facilities may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated, or modified in any material manner, as determined within the reasonable discretion of the Community Development Department.

5. Satellite Antenna. This section shall not apply to any satellite antenna placed in residential zones that is one meter or less in diameter nor to any other satellite antenna located in any other zone that is two meters or less in diameter.

6. Exempted by State and/or Federal Regulations. The Community Development Department may grant an exception to any requirement of this section upon making findings that: (a) strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in State and/or Federal rules and regulations; (b) there are no other feasible alternatives; and (c) either State or Federal rules and regulations requires the Department to issue the exception or that the exception will serve the public interest despite conflict with the mandatory standards herein.

D. Restrictions. The following restrictions shall apply to wireless telecommunications facilities:

1. No new unscreened wireless telecommunications facility shall be permitted 300 feet or less away from any residential property line or residential zoning district boundary.

E. General Guidelines and Requirements. All wireless telecommunications facilities must comply with the following except when impractical or technologically infeasible. The burden shall be on the applicant to provide evidence as part of the application showing why and how complying with these standards would be impractical or technologically infeasible.

1. Principal or Accessory Use. Wireless telecommunications facilities may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of a wireless telecommunications facility on such lot. For purposes of determining whether the installation of a wireless telecommunications facility complies with zoning district development regulations, including, but not limited to, set-back requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the wireless telecommunications facility may be located on leased parcels within such lots.

2. Co-Location. All new wireless telecommunications facilities shall co-locate with other existing or with planned new wireless telecommunications facilities whenever feasible and when doing so will minimize potential visual impacts. Co-locations shall be processed in accordance with the prevailing State and/or Federal rules and regulations.

F. Specific Design Criteria. The following design standards shall govern the siting, design and location of all wireless telecommunications facilities; provided, however, that the Planning Commission may waive these requirements if it determines that the goals of this section are better served thereby.

1. Freestanding Towers and Ground-Mounted Facilities.

a. Freestanding towers and ground-mounted wireless telecommunications facilities shall either maintain a galvanized steel finish or be painted a neutral color, as determined by the City, so as to reduce visual impacts and blend into the landscape or visual backdrop against which they will be seen to the greatest extent possible, unless otherwise required by the FAA.

b. Freestanding and ground-mounted wireless telecommunications facilities shall incorporate camouflaging techniques, such as alternative tower structures, wherever feasible and shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize visual impacts.

c. Alternative tower structures, such as treepoles shall incorporate enough architectural branches (including density, needle count and vertical height), three dimensional bark cladding, and other design materials or appropriate techniques to cause the structure to appear as a natural element of the environment. Treepoles shall be integrated into the surrounding environment through the planting of trees and/or shrubs distributed around the entire facility to appear as a naturally occurring or integrated landscape element.

d. Alternative tower structures, such as flag poles shall be tapered to maintain the appearance of an actual flag pole. A flag shall be flown from the wireless facility and properly lighted and maintained at all times, in accordance with the U.S. Flag Code.

e. Freestanding towers and ground-mounted facility sites shall incorporate ancillary buildings and equipment, such as equipment shelters that, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and built environment.

f. Freestanding towers and ground-mounted facilities shall not be artificially lighted, unless required by the FAA or other applicable authority or unless they contain a U.S. Flag. If lighting is required, the Zoning Enforcement Official may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Any exterior lighting shall be manually operated or on an automatic timer and used only during night, during periods of maintenance or during an emergency situation, unless otherwise required by applicable Federal law. Lighting shall be shielded or directed to minimize glare as viewed from off-site locations.

g. Freestanding towers and alternative tower structures shall incorporate coaxial cable and electrical and telco conduits inside the pole structure and underground, whenever feasible.

2. Building-Mounted Facilities.

a. Building-mounted wireless telecommunications facilities shall be architecturally-integrated into the building design and otherwise made as unobtrusive as possible, whenever feasible. Antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Where feasible, antennas can be placed directly above, below or incorporated with the vertical design elements of a building and painted to match the background color of the building to help in camouflaging the facility. (See Subsection B.3: Definitions: Architecturally-Integrated.)

b. Building-mounted designs shall ensure that the antenna(s) and ancillary equipment, such as cable trays and coaxial cables and electrical and telco conduits are located within existing building walls, whenever feasible, or inside cable trays painted a color that is identical to, or closely compatible with, the background color of the supporting building or structure so as to make them as visually unobtrusive as possible. All ancillary equipment shall be sited and designed to appear as an integral part of the building or structure. (See Subsection B.3: Definitions: Architecturally-Integrated.)

c. Building-mounted and roof-mounted wireless telecommunications facilities, including any screening devices, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, of the building on which it is mounted unless approved through a Conditional Use Permit.

d. Building-mounted and roof-mounted wireless telecommunications facilities located on the façade of the building parapet or rooftop penthouse shall be painted and/or textured to match the background color of the existing structure. Façade-mounted or flush-mounted wireless telecommunications facilities shall not extend more than 24 inches out from the building face. If a building-mounted wireless telecommunications facility is mounted flush against a building wall, the color and material of the antenna and other equipment shall match the exterior of the building. If there is a discernible gap between the antenna and the façade, the antenna shall be screened so as to hide the gap.

e. Roof-mounted antennas and associated equipment shall maintain a 1:1 ratio (i.e., a 10 foot high antenna requires a 10 foot setback from façade; a six foot high cabinet requires a six foot setback from façade) and shall be located as far back from the edge of the roof as is technically feasible in order to minimize visibility from residences, public rights-of-way and significant view corridors. Where appropriate, construction of a rooftop parapet or wall to hide the antenna or equipment may be required to minimize visual impacts. Roof-mounted facilities shall also be screened from above, if visible from adjacent properties.

f. Building-mounted facilities and support structures may not be illuminated unless specifically required by the FAA or other governmental agencies.

3. Equipment.

a. The ancillary equipment, associated with the base station, such as equipment cabinets, shelters and compounds, for all wireless telecommunications facilities shall use materials, colors and textures, screening, and landscaping that will blend the equipment into the natural setting and built environment as much as possible.

b. Related equipment for co-located wireless telecommunications facilities shall be located within an existing equipment enclosure or compound, whenever feasible, or located as close to the existing equipment enclosure or compound as possible and shall match the materials, color, and texture of the existing enclosure as much as possible.

4. Noise. Wireless telecommunications facilities operating in excess of the maximum sound levels permitted by the City's Noise Ordinance shall be enclosed to achieve compliance with the Noise Ordinance. Back-up generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such back-up generators or similar equipment may only occur during standard daytime hours.

5. Dimensions. Wireless telecommunications facilities shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the facility and future co-location of additional wireless telecommunications facilities.

6. Security Fencing. Freestanding wireless telecommunications facilities and alternative tower structures shall be enclosed by security fencing not less than six feet in height. Such facilities shall also be equipped with an appropriate anti-climbing device, provided however, that the Zoning Enforcement Official may waive such requirements, as appropriate. Chain-link fencing material is only permitted in association with a wireless telecommunications facility in an industrial zone where the fence is not visible from the public right-of-way or adjacent non-industrial zone. Preferred fencing materials shall consist of wood, tubular steel or other architecturally-appropriate fencing material.

7. Landscaping. Facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the facility from adjacent off-site properties. Wireless telecommunications facilities adjacent to residential uses shall incorporate landscaping that will maximize screening of the site from those residences. The standard buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the facility to provide a visual buffer of any ground-mounted ancillary equipment. These requirements may be waived by the Zoning Enforcement Official if the goals of this section would be better served thereby. Consideration shall also be given to the fact that vegetation can impede radio-frequency signals.

8. Signage. All wireless telecommunications facilities shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No signs, flags, banners, or any form of advertising shall be attached to a wireless telecommunications facility except for government-required certifications, warnings, or other required seals or signs.

9. Federal and State Requirements. All wireless telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC, the California Public Utilities Commission and any other agency of the Federal or State government with the authority to regulate wireless telecommunications facilities. If such standards and regulations are changed, then the owners of the wireless telecommunications facilities governed by this section shall bring such wireless telecommunications facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal or State agency. Failure to bring wireless telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless telecommunications facilities at the owner's expense.

Table 1. Table Summarizing the Review Process for a Wireless Telecommunications Facility Based on the Zoning District
Zoning Districts	New Monopoles and Towers	Architecturally-Integrated Antennas	Co-Locations & Modifications to Existing Tower Structures*
R Residential Districts
RD Residential Duplex	NP	AR	AR
RM Residential Multi-Family	NP	AR	AR
RO Residential Outer	NP	AR	AR
RS Residential Single-Family	NP	AR	AR
Commercial and Professional Districts
B-TOD Bay Fair Transit-Oriented Development	CUP	AR	AR
CC Community Commercial	CUP	P	P
CN Community Neighborhood	CUP	AR	AR
CR Community Recreation	CUP	P	P
CS Community Services	CUP	P	P
DA-1 Downtown Area 1	CUP	AR	AR
DA-2 Downtown Area 2	CUP	AR	AR
DA-3 Downtown Area 3	NP	AR	AR
DA-4 Downtown Area 4	NP	AR	AR
DA-6 Downtown Area 6	NP	AR	AR
NA-1 North Area 1	CUP	AR	AR
NA-2 North Area 2	CUP	AR	AR
P Professional	CUP	AR	AR
SA-1 South Area 1	CUP	AR	AR
SA-2 South Area 2	NP	AR	AR
SA-3 South Area 3	CUP	AR	AR
I Industrial Districts
IG Industrial General	AR	P	P
IG(AU) District	AR	P	P
IL Industrial Limited	AR	P	P
IL(AU) District	AR	P	P
IP Industrial Park	AR	P	P
IP(AU) District	AR	P	P
IT Industrial Transition	AR	P	P
OS Open Space District and PS Public and Semipublic Districts
OS Open Space	CUP	AR	AR
PS Public & Semipublic	CUP	AR	AR

Notes:
Table abbreviations: P-Permitted, AR-Administrative Review, NP-Not Permitted, CUP-Conditional Use Permit.
*	Co-locations that meet the standards set forth by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act may submit an eligible facilities request to Community Development.

G. Permitted Uses. The wireless telecommunications facilities listed as "P" in Table 1 are deemed to be permitted uses in certain zoning districts, such as the CC, CS, CR, IL, IL(AU), IG, IG(AU), IP, and IP(AU) Districts. These permitted wireless telecommunications facilities are to be architecturally-integrated or co-located on an existing tower or other support structure. Permitted uses shall not require discretionary review unless the applicant seeks a modification of the basic development standards set forth herein. Permitted uses shall comply with the general requirements of Subsection F, "Specific Design Criteria" as well as building permit requirements.

H. Administrative Review Applications. The wireless telecommunications facilities listed as "AR" in Table 1 are deemed to be allowable uses with an Administrative Review approval in certain zoning districts. New monopoles and towers are allowable uses in the IG, IG(AU), IL, IL(AU), IP, IP(AU), and IT Districts with an Administrative Review approval. Architecturally-integrated facilities are allowed in the RD, RO, RM, RS, CN, DA-1, DA-2, DA-3, DA-4, DA-6, P, NA-1, NA-2, SA-1, SA-2, SA-3, OS and PS Districts. Co-locations not otherwise governed by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 are allowed in the RD, RM, RO, RS, CN, DA-1, DA-2, DA-3, DA-4, DA-6, NA-1, NA-2, P, SA-1, SA-2, SA-3, OS and PS Districts. Administrative Review applications shall be reviewed and approved by the Zoning Enforcement Official, unless the Zoning Enforcement Official defers action to the Planning Commission. Administrative Review approvals shall comply with the general requirements of Subsection F, Specific Design Criteria, as well as building permit requirements.

1. The Planning Division shall respond to each Administrative Review application within 30 days after deeming the application complete by either approving or denying the application. If the Planning Division fails to notify the applicant in writing within 30 days of application submittal, then the application shall be deemed to be approved.

2. If an Administrative Review application is denied by the Zoning Enforcement Official, the applicant may appeal said denial to the Planning Commission.

3. A decision by the Planning Commission may be appealed to the City Council pursuant to the requirements of Chapter 5.20 Appeals of the Zoning Code.

I. Conditional Use Permit Applications. The wireless telecommunications facilities listed as "CUP" in Table 1 are deemed to be allowed by a conditional use permit approval in certain zoning districts. New monopoles and towers are allowed with a conditional use permit in the B-TOD, CC, CN, CR, CS, DA-1, DA-2, NA-1, NA-2, P, SA-1, SA-3, OS and PS Districts. Conditional use permits shall be reviewed and approved by the Planning Commission. Conditional Uses shall comply with the general requirements of Subsection F, Specific Design Criteria, Subsections J.11 through J.13, as well as building permit requirements.

1. The Planning Division shall respond to each conditional use permit application in writing within 30 days after deeming the application complete. If the Planning Division fails to respond to the applicant within 30 days, then the application shall be deemed to be approved.

2. If a conditional use permit application is denied by the Planning Commission, it may be appealed to the City Council.

J. Application Requirements. Each applicant requesting an Administrative Review under this section shall submit the following:

1. A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, tower dimensions of antennas, ancillary equipment and antenna support structures, setbacks, ingress and egress, parking, fencing, landscaping, adjacent uses, and other information deemed by the Planning Division or Planning Commission to be necessary to assess compliance with this section.

2. A completed planning application.

3. A signed letter of authorization from the underlying property owner.

4. Photo-simulations of the proposed facility that identifies potential visual impacts. Consideration should be given to views from nearby residential areas, public rights-of-way, parks and open space, and other public viewshed areas.

5. Manufacturer's specification sheets for the proposed antennas and ancillary equipment.

6. Photographs of the existing site conditions, as well as the surrounding land uses.

7. A copy of the carrier's current FCC license.

8. A stamped and signed radio-frequency report prepared by a qualified engineer.

9. A written description of the proposed project, including a description of the type of proposed installation and the location and dimensions of the proposed antennas, antenna support structures, and all ancillary equipment.

10. For treepoles, provide bark cladding and branch with leaf/needle samples for review and selection.

In addition to the requirements listed above, each applicant submitting a Conditional Use Permit application under this section shall submit the following additional application materials:

11. A five year master plan, drawn to a reasonable scale, for all of the applicant's existing, planned or reasonably anticipated wireless telecommunications facility locations within the jurisdiction of the City or within one-quarter mile of the border thereof, indicating the service area covered by each such facility and including specific information about the location, height, and design of each facility.

12. An alternatives analysis that demonstrates what other sites were considered by the carrier within the coverage area.

13. Radio-Frequency Emissions. Within 30 calendar days of activation of the facility, the applicant shall submit a Radio-Frequency Compliance Report demonstrating that the facility meets the FCC standards for radio-frequency emissions. This report is required in order to verify compliance with prevailing standards for public exposure and will be prepared by a qualified engineer. Such documentation shall include the following:

a. The make and model (or other identifying information) of the equipment tested;

b. The date and time of the inspection and the methodology used to make the determination;

c. The name and title of the person(s) conducting the tests, and a certification that the unit is properly installed and working within applicable FCC standards;

d. Documentation indicating that cumulative levels of radio-frequency emissions from the wireless telecommunications facility and all co-located wireless telecommunications facilities are in compliance with FCC standards, including, but not limited to, FCC Office of Engineering Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio-frequency Electromagnetic Fields, as amended;

e. If the documentation demonstrates that the cumulative levels of radio-frequency emissions exceed or may exceed FCC standards, the Zoning Enforcement Official may require the applicant to modify the location or design of the wireless telecommunications facility and/or implement other mitigation measures to ensure compliance with FCC standards. The Zoning Enforcement Official may require additional independent technical evaluation of the wireless telecommunications facility, at the applicant's sole expense, to ensure compliance with FCC standards.

K. Factors Considered in Evaluating Applications. The City shall consider the following factors in determining whether to approve an application although the City may waive or reduce the burden on the applicant of one or more of these criteria if the City concludes that the goals of this Ordinance are better served thereby, or if the submittal is eligible under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

1. Height of the proposed wireless telecommunications facility.

2. Proximity of the facility to residential structures, residential property lines, residential district boundaries, and elementary schools.

3. Visual and other potential impacts to surrounding land uses.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the facility with particular reference to design characteristics that have the effect of reducing or eliminating visual impacts.

7. Existing and proposed parking, as well as site ingress and egress.

8. Availability of suitable existing towers, buildings and structures that would provide site sharing and co-location opportunities in the project vicinity.

L. Availability of Suitable Co-Locations. No new monopole or tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing or planned tower, alternative tower structure, building or structure can accommodate the applicant's proposed antenna(s). Evidence submitted to demonstrate that no existing tower, alternative tower structure, building, or structure can accommodate the applicant's proposed antenna shall include, but not be limited to, the following:

1. No existing towers, alternative tower support structures, building-mounted or roof-mounted, or architecturally-integrated wireless telecommunications facilities or structures are located within the geographic area required to meet applicant's coverage objectives.

2. Existing wireless telecommunications facilities are not of sufficient height to meet applicant's coverage objectives.

3. Existing wireless telecommunications facilities do not have sufficient structural strength to support applicant's proposed antenna(s) and related equipment. The City may, at its discretion, require the applicant to submit a structural report prepared by a qualified engineer as verification.

4. The applicant's proposed wireless telecommunications facility would cause radio-frequency interference with an existing facility, or the existing facility would cause interference with the applicant's proposed wireless telecommunications facility.

5. The applicant demonstrates that there are other limiting factors that render existing wireless telecommunications facilities unsuitable.

M. Discontinued Facilities and Removal of Abandoned Antennas and Towers. Any wireless telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove same, and restore the site to its pre-installation condition, within 90 days of receipt of notice from the Community Development Department Director notifying the owner of such abandonment. The notice shall specify that the owner has the opportunity to request a public hearing on the removal of the facility. If such facility is not removed within said 90 days, the Community Development Director may remove such facility at the owner's expense. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

Any wireless telecommunications facility shall be removed within 30 calendar days of the discontinuation of the use and shall be restored to its previous condition. The service provider shall provide the Community Development Department with a notice of intent to vacate the site a minimum of 30 calendar days prior to vacation and shall obtain building permits prior to removal of equipment. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner shall be responsible for removal of all antennas, structures and related equipment within 30 calendar days of the discontinuation of use.

(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2015-11 § 4; Ord. 2016-012 § 4; Ord. 2020-002 § 4; Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)

§ 4.04.380 Community Gardens.

A. Intent. The purpose of this section is to establish uniform standards, land-use regulations and a permit process for controlling the location, design, and maintenance of community gardens.

B. Site Criteria and Permitting Requirements. The following siting criteria has been established for use by community garden project proponents in locating and designing suitable garden sites. The purpose of the criteria is to reduce public health and reduction of potential nuisance issues. Community gardens are subject to the following regulations, and the following physical and operational standards shall apply:

1. Compost areas shall be set back at least ten feet from property line or 15 feet from dwelling unit, whichever is greater. Compost storage is limited to ten percent of total site area and must not be visible from adjacent properties. All organic materials must be managed to avoid rodents, pests, odors and leachates;

2. If the community garden is enclosed by fencing, the fencing shall be wood fencing or ornamental fencing. If chain-link or woven wire fencing is proposed, over half of the fence area that borders a public right-of-way shall be covered by plant material or other vegetative screening within three years of the fence installation. All fencing shall comply with height and setback requirements in Section 4.04.364 Fences, Walls, and Hedges;

3. Use of mechanized farm equipment is generally prohibited; provided, however, that during the initial site preparation of the land heavy equipment may be used. Landscaping equipment designed for household use shall be permitted;

4. All farm equipment shall be enclosed or otherwise screened from sight. Chemicals and fuels shall be locked in a structure when site is unattended;

5. Site drainage must be managed to comply with Alameda County Stormwater Permit regulations;

6. Commercial deliveries and pickups are limited to one time per day;

7. Row crops that reach 36 inches in height, except for trees, are not permitted in required front and corner side yards;

8. Trash receptacles must be provided and screened on at least three sides from public view;

9. Structures shall not exceed 500 square feet in floor area and are limited to 12 feet in height;

10. All lighting shall be shielded to avoid glare and off-site impacts; and

11. A community garden manager must be identified for each site and contact information for said manager shall be provided on a posted sign. Said signage shall be limited to two square feet in area.

C. Application Requirements. Administrative Review approval is required for all community gardens in accordance with Chapter 5.04 Zoning Permits Required; Environmental Review; Fees and Deposits. The information listed below is required at the time an application for an Administrative Review is submitted:

1. A scaled, fully-dimensioned site plan showing physical dimension of property and structures, distance from the project property lines to the nearest residential structure, existing and proposed utilities that service the proposed community garden, and proposed areas of compost, planting and storage;

2. Identification of community garden manager and description of management plans, responsible parties, and proposed contact information signage;

3. Description of proposed farm equipment and time periods for their use;

4. Statement of intent to spray or use chemicals;

5. Sediment and erosion control plan; and

6. Other information as required by the Zoning Enforcement Official.

(Ord. 2014-011 § 2; Ord. 2020-002 § 4)

§ 4.04.384 Emergency Shelters.

Emergency shelters shall be located, developed, and operated in compliance with the following:

A. Development Standards.

1. Location. Emergency shelters shall be located a minimum of 200 feet from any other emergency shelter.

2. On-Site Management and Security. On-site management and security shall be provided during hours of operation.

3. Waiting and Client Intake Area.

a. A staffed reception area shall be located near the entry to the facility.

b. For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting area.

B. Shelter Management Plan. The operator of an emergency shelter shall submit a management plan for approval by the Director. The Director shall approve a management plan that includes the following provisions:

1. Service providers shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter at all times.

2. A minimum of one staff member shall be awake and on duty, plus one additional staff or volunteer, on-premises when the facility is open. Facility staff shall be trained in operating procedures and safety plans.

3. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who cannot be served by the establishment.

4. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, staff shall make information available to the client of alternative programs and locations where they may seek similar service.

5. Service providers shall educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies.

6. Service providers shall provide for the timely removal of litter attributable to clients on the property and adjacent property under the control of the service provider.

7. Service providers will provide the City with the contact information for an individual with the authority to address operational issues.

8. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.

9. Service providers shall implement conditions and measures to maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

10. Service providers shall ensure that all graffiti on the premises is promptly removed.

11. Service providers shall establish affirmative measures to discourage loitering at the facility.

(Ord. 2022-022 § 3)

§ 4.04.388 Employee Housing.

Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

(Ord. 2022-022 § 3)

§ 4.04.392 Low Barrier Navigation Centers.

Low barrier navigation centers consistent with California Government Code Section 65660 et seq., shall be permitted by right in all Zoning Districts where multi-family and mixed-use residential development are permitted. Low barrier navigation centers may be provided in a building or series of buildings.

(Ord. 2022-022 § 3)

§ 4.04.396 Previous Housing Element Sites.

Housing developments that include at least 20 percent of units as affordable to lower-income households on non-vacant sites included in one previous housing element inventory, on vacant sites included in two previous housing element inventories, and on sites that are required to be rezoned to accommodate the lower-income RHNA are allowed by-right pursuant to Government Code Section 65583.2(c).

(Ord. 2022-022 § 3)

§ 4.04.400 Underground Utilities.

All new electrical, telephone, CATV, and similar distribution lines providing direct service to a development site, and any existing such service on the site, shall be installed underground within the site unless an Administrative Exception is granted pursuant to Chapter 5.06.

(Ord. 2022-022 § 3)

§ 4.04.404 Tobacco Retailers.

Tobacco retailers are prohibited in all zoning districts and lands within the City of San Leandro except as follows:

A. Tobacco retailers are allowed as accessory to the following retail establishments provided that no more than 10% of the gross floor area of the retail establishment, or more than 15 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, marketing display or storage of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia and no more than 25% of gross sales receipts are from the sale or exchange of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia. No signs or merchandise related to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia may be displayed outside of the retail establishment or inside the retail establishment in a location that is reasonably visible from the exterior of the retail establishment.

1. Drugstore.

2. Beer and wine store.

3. Convenience store.

4. Liquor store.

5. Supermarket (greater than 20,000 square feet in gross floor area).

B. Premium cigar retailers are allowed as specifically provided for in another part of this Code.

(Ord. No. 2025-014, 12/1/2025)

§ 4.04.408 Drug Paraphernalia Stores.

Drug paraphernalia stores are prohibited in all zoning districts and lands within the City of San Leandro.

(Ord. No. 2025-014, 12/1/2025)